Tamil Nadu

South Chennai

CC/299/2004

Mrs. Maheshwari (30) - Complainant(s)

Versus

M/s. Apollo Speciality Hospital. - Opp.Party(s)

M/s. P.Rarayanamoorthi & others

07 Sep 2017

ORDER

                                                                        Date of Filing :  25.06.2003

                                                                        Date of Order :  07.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.299/2004

THURSDAY THIS 7^TH DAY OF SEPTEMBER 2017

 

1. Mrs.  Maheswari,

W/o. Late Mr. Sankaralingam,

No.2/120, H, Tallakulam Road,

Melachatram,

Paramakudi.

 

2. Selvi. Monika, Minor,

M& G Maheswan,

 

3. Renganathan,

 

4. Mrs. Chellammal

All the complainants are

Legal heirs of late Sankaralingam

Residing at mentioned in above

Address.                                                                .. Complainants

 

                                           ..Vs..

 

The Managing Director,

M/s. Apollo Specialty Hospital,

320 Mount Road, Chennai 600 035.                 .. Opposite party.

 

Counsel for Complainants           :    M/s. P.Narayanamoorthi & others       

Counsel for opposite party          :    M/s. T.M.Pappiah            

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainants against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.20,00,000/- as compensation for deficiency of medical service and deficiency of paramedical treatment etc.

1. The averment of the complaint in brief are as follows:

        The complainant submit that  the 1^st complainant husband met with an accident on 10.9.2002 at 7.30 a.m. when he was travelling in  tempo   as traveler bearing registration No.TN-04-J-9147 at a place near Dindivanam and her husband suffered injuries in the hands and face.    On the same date at about 2.29 p.m. on 10.9.2002 he was admitted in the opposite party hospital in unconscious stage, had vomiting in transit had bleeding from nose and throat etc.   The complainants further state that the opposite party admitted the injured Sangaralingam in ICU on 3.10.2002 and administered medicines.   Since the treatment of the opposite party and administration of medicines are improper, the injured developed Septiceamia resulting death.       As such the act of the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence the complaint is filed. 

2. The brief averments in the Written Version of  the opposite party are as follows:

        The opposite party denies each and every allegation except those that are specifically admitted herein.    The opposite party submit that they are the pioneers in medical disciplinary hospital for medical  management.   The opposite party also state that  the 1^st complainant’s husband suffered injuries  in the hands, face in a road accident and he was admitted in the opposite party hospital at 2.19 p.m on 10.9.2002 in the ICU.  At the time of admission the condition of the patient was that he was unconscious, had vomiting in transit, had bleeding from nose and throat throughout the transit.    Clinically the patient had fracture in both forearm, fracture of maxilla and mandible.   The respiratory rate of the patient was 22 per minute.   The patient was unable to maintain the breathing and therefore the patient was intubated and oxygen was given by AMBU circuit in emergency room.  Bilateral scattered crepy, which means wet lung sounds indicating fluid infection in the lungs were present.    The opposite party also state that despite all possible care and treatment, the patient died due to severe injuries sustained, for existing diabetics, ischemic heart disease and because of lung compromise sustained in the immediate post injury period.      Hence there is no deficiency in service on the part of the opposite parties.  Therefore this complaint is liable to be dismissed.

3.      In order to prove the averments of the complaint, the complainant had filed proof affidavit as their  evidence and documents Ex.A1 to Ex.A8 marked.  Proof affidavit of opposite party  filed and Ex.B1 to Ex.B24  marked on the side of the opposite party.  

4.   The point for the consideration is:  

Whether the complainant is entitled to a sum of Rs.20,00,000/- towards medical negligence and deficiency of service as prayed for ?

5.      ON POINT:-

        Both complainants and the opposite party counsels not turned up to advance any oral argument for long time after filing their written arguments.  The  1^st complainant pleaded and contended that her husband met with an accident on 10.9.2002 at 7.30 a.m. when he was travelling in a tempo bearing registration No.TN-04-J-9147, at a place near Dindivanam sustained grievous injuries in the hands and face.    On the same day at about 2.29 p.m. on 10.9.2002 he was admitted in the opposite party hospital unconsciously had vomiting in transit bleeding from nose and throat etc.   The opposite party admitted the injured Sangaralingam in ICU on 3.10.2002 and administered medicines.   Since the treatment of the opposite party and administration of the medicines were improper, the injured developed Septiceamia resulting death.    The opposite party is duty bound to explain the various treatment administered.   The opposite party  without explaining the reason for such ailment claimed a sum of Rs.4,50,000/- towards medical expenses as per Ex.A6.   The above cause of death is due to the deficiency of service and improper administration of medicine and treatment to injured.   The complainants is claiming a sum of Rs.5,00,000/- towards mental agony and Rs.10,00,000/- towards loss of earning.  

6.     The contention of the opposite party is that they are the pioneers in medical disciplinary hospital for medical management administered proper medicines through qualified physician and surgeon.   Further the contention of the opposite party is that the patient Sankaralingam was a known diabetic and known ischemic heart disease patient.    Admittedly on 10.9.2002 the injured Sankaralingam met with an accident and was admitted in the opposite party hospital at 2.19 pm. in ICU itself.  Clinically the patient Shankaralingam had fracture in both forearms, fracture of maxilla and mandible.    The respiratory rate of the patient was 22 per minutes.    The patient was unable to maintain the breathing and therefore the patient was intubated and oxygen was given by AMBU circuit in emergency room.   Bilateral Scattered crempy which means wet lung sounds indicating fluid infection in the lungs were present.   The emergency investigations like CT scan of the brain, x-rays of forearm, spine, chest were taken.   Blood investigations including sugar were done and ECG was taken, even after blood transfusion was done establishes the proper administration of medicines and treatment.  Despite all possible care and treatment, the patient died due to severe injuries sustained, for existing diabetics, ischemic heart disease and because of lung compromise sustained in the immediate post injury period.  The complainant also has not taken any steps for expiry of injured Sankaralingam regarding the treatment.    Even after such Septiceamia continuous treatment administered of life saving medicines.   There is no medical negligence much less on the part of the opposite party.    The claim towards reimbursement of the medical expense never arise.    The claims of earning of deceased Sankaralingam never arise.  The complainant has not whispered anything about the claim regarding Motor Accident Tribunal.   Considering  the facts and circumstances of the case this forum is of the considered view that this is a typical case of Motor accident.   The claim related to the Motor accident shall be filed before Motor Accident claims Tribunal under Motor Vehicle Act.   In this case it is very clear from the pleadings and documents that there is no medical negligence much less the negligence is proved by expert evidence.  Therefore  the complainant is not entitled for any relief as prayed for in the complaint and the point is answered accordingly. 

             In the result this complaint is dismissed.   No cost.

 

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  7^th    day  of  September  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

 

Ex.A1-  10.9.2002 - Copy of FIR.

Ex.A2-  27.3.2003 - Copy of Lawyer’s notice.

Ex.A3-  03.4.2003 - Copy of Postal Ack. Card.

Ex.A4- 6.10.2002  - Copy of Postmortem Certificate.

Ex.A5- 22.10.2002         - Copy of Death Certificate.

Ex.A6-         -       - Copy of receipts.

Ex.A7- 6.10.2002  - Copy of Discharge intimation.

Ex.A8-  21.11.2002- Copy of legal heir certificate.

 

Opposite party’s side document: -   

Ex.B1- 10.9.2002  - Copy of patient registered record.

Ex.B2- 10.9.2002  - Copy of Admission slip.

Ex.B3- 10.9.2002  - Copy of Admission form.

Ex.B4-         -       - Copy of Initial Patient Record.

Ex.B5- 11.9.2002  - Copy of Radiology & Imaging Sciences.

Ex.B6- 17.9.2002  - Copy of Investigation Reports.

Ex.B7-         -       - Copy of Bedsore Dressing Chart.

Ex.B8- 10.9.2002  - Copy of History and Findings on Admission.

Ex.B9- 10.9.2002  - Copy of Progress Sheet and Doctors Order.

Ex.B10-10.9.2002 - Copy of Consultation Request.

Ex.B11-11.10.2002        - Copy of Consent Forms.

Ex.B12-11.9.2002 - Copy of pre operative checklist.

Ex.B13- 10.9.2002         - Copy of Premedication Chart.

Ex.B14- 21.9.2002         - Copy of Operation Notes.

Ex.B15- 21.9.2002         - Copy of Post Operative Orders.

Ex.B16- 10.9.2002         - Copy of Department of Physio Therapy.

Ex.B17-       -       - Copy of Neuro – Observation Chart.

Ex.B18-       -       - Copy of Clinical Chart.

Ex.B19- 3.10.2002         - Copy of Fluid Balance Chart.

Ex.B20 3.10.2002 - Copy of Ventilation Management Chart.

Ex.B21- 6.10.2002         - Copy of Death Summary.

Ex.B22- 10.9.2002         - Copy of Death Certificate.

Ex.B23-       -       - Copy of Ack.

Ex.B24-       -       -  Treatment Charts Bound Volume book.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.